“You’ve got two weeks to get out.” “I want you gone by the end of the month.” “If you don’t leave I’ll change the locks.”
Said on the phone. Said at the door. Said in a voice message. Never written down.
Here is the truth: none of that is an eviction. Not even close. You do not have to move. You do not even have to respond. And if it keeps happening, you can make it stop.
Why verbal notice means nothing
Every state’s Residential Tenancies Act says a termination notice must be:
- In writing.
- Signed by the landlord or agent.
- Dated.
- Addressed to you at the property.
- Stating a valid ground (in New South Wales, Victoria, Queensland, the Australian Capital Territory, Tasmania) or at least the correct notice period.
- Giving the correct minimum notice for that ground.
A verbal statement fails every single test. Legally, nothing has happened. Your lease continues exactly as before.
Even a written notice isn’t an eviction
Suppose they do put it in writing. That still doesn’t mean you have to leave. The landlord then has to:
- Wait for the notice period to expire.
- Apply to the tribunal for a termination order.
- Get a hearing where you can argue your side.
- If they win, get a warrant of possession.
- Have the sheriff or bailiff attend, not the landlord personally.
This takes weeks to months. At no point is the landlord allowed to change the locks, remove your belongings, cut power or water, or physically remove you. Doing so is illegal in every state and can result in fines and compensation orders against them.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who are you dealing with?
2. How much is at stake?
3. Do you have it in writing?
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What to do when threatened
- Stay calm and stay put. Keep paying rent on time. Don’t give them a real reason.
- Write everything down. Date, time, exact words, any witnesses. Save voicemails. Screenshot texts.
- Respond once, in writing. A short, formal letter: “I received a verbal statement on [date] that I must vacate. No valid written notice under section [X] of the Residential Tenancies Act has been served. My tenancy continues. Any further threats will be reported.”
- Send a Cease and Desist if it continues. Repeated threats, turning up at the door, harassing calls: this is a breach of your right to quiet enjoyment. A Cease and Desist letter tells them formally to stop and warns that you will apply to the tribunal for orders and compensation.
When it crosses into harassment
If the landlord is showing up unannounced, yelling, threatening, or making you feel unsafe, that can also be a police matter. You do not have to put up with intimidation because someone owns the building you live in. In Victoria and New South Wales, the tribunal can make orders restraining a landlord from this conduct.
Why the letter works
Landlords who threaten verbally usually do it because they know a written notice won’t hold up, or because they don’t know the rules at all. Either way, a formal letter that quotes the law tells them the bluff is over. Most back off immediately.
Claim Done drafts your Cease and Desist Letter for $49. Done in about 5 minutes.
What happens when you put your landlord on formal notice
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Eviction Notice Response — Renter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Eviction Notice Response — Renter from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=notice-to-vacate-response. Claim Done is not a law firm and does not give legal advice.
How much does a Eviction Notice Response — Renter cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Does Claim Done lodge the application with the tribunal or court?
No. Claim Done drafts the documents; you lodge them yourself and pay the tribunal's or court's own filing fee directly to it. The draft names the right tribunal or court and Act for your state.